§ 4-105-206 — Refund or replacement

(a) (1) To receive a comparable new assistive device or a refund due under the provisions of this subchapter, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. (2) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the consumer with an assistive device or a refund. (b) After the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer or its dealer, along with any endorsements necessary to transfer ownership to the manufacturer. (c) (1) (A) To receive a refund due under the provisions of this subchapter, a person who leases an assistive device from an assistive device lessor under a written lease shall offer to return the assistive device having the nonconformity to its manufacturer. (B) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the consumer. (2) After the manufacturer provides the refund, the consumer shall return to the manufacturer the nonconforming assistive device. (d) (1) To receive a refund due under the provisions of this subchapter, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. (2) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the assistive device lessor. (e) A consumer who prevails in any legal proceeding under this subchapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based upon actual time expended by the attorney, determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action.

Legislative History

Acts 1999, No. 953, § 6.